Probate Litigation

When conflict cannot be solved through mediation, our attorneys will be your voice in the courtroom.

It is normal for disputes to arise during the probate process. Unfortunately, conflicts caused by simple misunderstandings, undue influence, and greed can involve close family members. The disputes can tear the family apart, particularly when family members are grieving. At Dillman & Owen Estate & Elder Law, we acknowledge how tough it can be to experience a contested probate process.

We have what it takes to mediate these conflicts and ensure you have an early settlement before undergoing the costly process of litigation. We also have a successful record of providing legal support needed during probate litigation.

What Families Experience During Probate and Trust Administration in Indiana

Probate and trust administration often begin during one of the most difficult seasons of life. Families are grieving, emotions are high, and at the same time, important legal and financial responsibilities must be handled correctly. Whether an estate requires probate through the Indiana courts or involves administering a trust, the process can feel unfamiliar and overwhelming without guidance.

Many personal representatives and trustees step into their roles unexpectedly. They may live near Indianapolis or elsewhere in Indiana and suddenly find themselves responsible for managing assets, responding to beneficiaries, and meeting strict legal requirements. Having a probate and trust administration attorney involved early can help bring structure, clarity, and reassurance during a challenging time.

The Responsibilities of Executors, Personal Representatives, and Trustees

Serving as an executor, personal representative, or trustee carries legal duties that extend well beyond distributing property. In probate administration, these responsibilities may include locating and valuing assets, addressing debts and taxes, filing court documents, and following Indiana probate timelines. In trust administration, trustees must follow the trust’s terms precisely while acting in the best interests of the beneficiaries.

Both roles require organization, accuracy, and careful decision-making. Errors or oversights can result in delays, disputes, or personal liability. Many individuals seek the help of an Indiana probate or trust administration attorney to ensure they are meeting their obligations and protecting themselves throughout the process.

Navigating Family Dynamics and Beneficiary Expectations

Probate and trust administration often bring together family members with different expectations, communication styles, and emotional responses. Questions may arise about timing, distributions, or decision-making authority. In some cases, misunderstandings can quickly turn into conflict.

Legal guidance helps keep the focus on compliance, transparency, and fairness. A probate and trust administration lawyer can help establish clear communication, explain legal requirements, and address concerns before they escalate. This approach often helps preserve relationships while keeping the administration process on track.

Understanding Timelines and Avoiding Unnecessary Delays

Families frequently ask how long probate or trust administration will take in Indiana. The answer depends on factors such as asset complexity, creditor issues, tax requirements, and whether disputes arise. Delays are common when information is missing or deadlines are overlooked.

A proactive approach can make a meaningful difference. Identifying assets early, responding promptly to court and trust requirements, and anticipating common issues can help reduce delays. Working with an experienced probate and trust administration attorney allows families and fiduciaries to move through the process more efficiently while remaining compliant with Indiana law.

Probate and Trust Administration as Part of a Holistic Plan

Probate and trust administration do not exist in isolation. Decisions made during these processes often affect surviving spouses, dependents, and long-term financial stability. A holistic approach considers not only closing an estate or administering a trust, but also how those actions impact future planning and care needs.

This broader perspective helps ensure that administration decisions align with the decedent’s intentions and support the well-being of those left behind. It also creates opportunities to identify planning improvements that may benefit the family moving forward.

Support Through Every Stage of Administration

Probate and trust administration require both technical precision and human understanding. Having a legal team that recognizes the emotional weight of the process while handling the legal details can ease the burden on families, executors, and trustees.

At Dillman & Owen Estate & Elder Law, probate and trust administration services are approached with care, organization, and attention to the full picture. The goal is to guide clients through Indiana probate and trust administration with steady support, clear communication, and respect for the personal circumstances involved.

Why Choose Dillman & Owen Estate & Elder Law?

We have been in practice for more than ten years and have the experience required to help clients avoid lengthy court processes. Our priority is to guide you through every step if you go the probate litigation route.

We will offer the confidence you need knowing that these complicated issues are handled professionally. Contact us online or call us at (317) 492-9569 to schedule an appointment with an Indiana probate litigation attorney.

Frequently Asked Questions

When is Probate Litigation Necessary?
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Probate litigation is when court intervention is requested to settle probate conflicts. Some of the common issues that may warrant probate litigation include:

  • Will validity disputes
  • Spousal election conflicts
  • Fraud
  • Breach of trust
  • Mental capacity to execute a will
  • Violation of will or trust administration
  • Breach of fiduciary interest
  • Undue influence

At Dillman & Owen Estate & Elder Law, we represent family members, heirs, personal representatives, and other parties involved in will and trust contests. Whether you feel that the will or trust was not created according to legal procedures or there were gifts issued to unexpected people, you have the chance to request court intervention. When you reach out to us, we will evaluate your situation to determine whether probate litigation is the right path to follow.

Who has the Ability to Challenge a Will?
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A request to challenge a will can only be made by certain people who would be financially and personally affected by the terms of the will if it is accepted as is. Here are some of the individuals with a legal standing to challenge a will:

  • Disinherited heirs-at-law.
  • Fiduciaries and beneficiaries mentioned in a previous will.
  • Individuals not mentioned in the will, but who would inherit the estate if the judge revokes the will.
  • Any heir or beneficiary mentioned in the will.
Can You Mediate a Will Contest?
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Mediation can be an excellent way to resolve a will contest dispute. The mediation process involves two parties; the mediator and the parties in the conflict. A will mediator should be a neutral party appointed by the conflicting parties to conduct the mediation. Therefore, it is essential to choose a mediator who has no interest in the matter in question to help you reach an agreement faster.

At Dillman & Owen Estate & Elder Law, we have experience helping families reach a common ground that makes every family member comfortable. We have attended similar mediations and have a proven record of helping conflicting parties achieve the desired outcome within the expected turnaround time.

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